Ending a tenancy early

Amberpunter

I am 2 months into a 6 month tenancy and due to a change of job (I work on a freelance basis) I need to move to a different part of the country. I have approached the Letting Agent to discuss surrendering the lease and that has been rejected by the landlord. I have gone back and offered to move all my stuff out in a week, pay the rent until the end of February so that if the Landlord can re-let quickly he is better off. I am awaiting a response.

If he comes back and wants me to stay until the bitter end (i.e May), are there any other options that I have. And what is my position if I just hand the keys back - including obligations for any gas/elec/water used after then? Also, can I then get my deposit back?

I read somewhere that I can hand the keys back, stop future rent payments and wait to get sued for missing payments, which would then be reduced if the property has been re-let which the landlord needs to show that he has attempted to do. Sounds a little bit risky to me.

BitterAndTwisted

You are contractually bound to pay the whole of the rent until the end of the contracted term unless the landlord agrees to you giving up the tenancy early, even if you choose not to live there. However, you will be charged for the landlord's "reasonable costs" for advertising etcetera for finding an alternative tenant if they do agree to release you early.

Yep, you'll most probably be taken to court if you stop the rent-payments without your landlord's agreement and yes, any unpaid rent would be rightfully claimed from your deposit. But put the shoe on the other foot: if you'd signed a 6-month tenancy agreement and your landlord wanted shot of you before the end of May and you didn't want to go, I expect you'd be shouting "FOUL!" in a very, very loud voice.

G_M

Just to add to the above, yes since the tenancy still legally continues even if you move out, you will still be liable for utility/council tax bills.

And if you leave the house empty, with the heating off, there is another cold snap, the pipes freeze and flood the property due to you not acting in a 'tenant-like' manner, you will be responsible for the damage.

Your responsibility for the property continues till the tenancy ends, whether that is by end of fixed term or mutual agreement.

Amberpunter

From a high level moral viewpoint you are absolutely right - however, my posting was looking for help to resolve the situation in an amicable way for all parties based on compromise. The landlord will not want the hassle of taking me to court to force me to pay the rent, and also defend counter-claims that i would submit based on the number of problems encountered at the property which prevented me moving in and entertaining over Christmas. This list of issues raised with the agent was around 20, varying from broken fixtures, heating not working in the living room, to items removed from the house that were in the particulars.

Anyway, I have put a proposal to the agent to I'll see where that takes me but not paying the rent is the most likely way to force the issue,and allows him to re-let the property. If this incurs additional cost leaving him out of pocket then I would be happy to include that in the closure agreement. Any other ideas most welcome.

CloudCuckooLand

I think you might need to distinguish between "moral" and "legal". The two answers given so far are almost 100% "legal".

You do not know what hassle the landlord is prepared to tolerate. The landlord may be convinced to seek a replacement. You have already tried that. See if it works. But they may not want the hassle of doing so at a relatively quiet time of year for lettings.

4 months rent or keeping your deposit, versus £50 for a small claims court judgement - may be a no-brainer for the landlord.

20 issues that you failed to address adequately during the tenancy will not hold much weight. You should deal with those properly at the time, not dredge them up when it suits you.

Saying you will "not pay rent to force the issue" does not sound like you are trying to reach an "amicable" compromise. If you have hinted at that, the LA and LL may feel they need to stick to the letter of the Tenancy to avoid later repercussions.

Amberpunter

CloudCuckooLand wrote: »

I think you might need to distinguish between "moral" and "legal". The two answers given so far are almost 100% "legal".

Totally agree, as I have said - I understand the legal position, but everything is negotiable.

CloudCuckooLand wrote: »

You do not know what hassle the landlord is prepared to tolerate. The landlord may be convinced to seek a replacement. You have already tried that. See if it works. But they may not want the hassle of doing so at a relatively quiet time of year for lettings.

Correct again, I do not know what hassle he wants to tolerate, but it is also time/effort/stress that comes into it and not just the court fee. Hence my aim to reach a solution. If he can re-let for a longer period then its a win-win.

CloudCuckooLand wrote: »

4 months rent or keeping your deposit, versus £50 for a small claims court judgement - may be a no-brainer for the landlord.

Keeping my deposit may be what he requests - that would then seem like a good compromise.

CloudCuckooLand wrote: »

20 issues that you failed to address adequately during the tenancy will not hold much weight. You should deal with those properly at the time, not dredge them up when it suits you.

That is actually total rubbish - I have been in constant (daily) dialogue with the letting agent to get the issues resolved. Some were, some weren't and some remain open. These have been dealt with properly and not dredged up as you say. However, they do add to my case as I have all the emails sent/received and the spreadsheet where they were tracked (shared with the agent). I couldn't actually have done any more.

CloudCuckooLand wrote: »

Saying you will "not pay rent to force the issue" does not sound like you are trying to reach an "amicable" compromise. If you have hinted at that, the LA and LL may feel they need to stick to the letter of the Tenancy to avoid later repercussions.

I do want to reach an amicable solution, and I have put one to them. Not paying is a last resort and my next rent is not due for another 4 weeks so hopefully we can reach an agreement by then.

Interesting that you have taken the high ground rather than trying to help.

Gwhiz

Amberpunter wrote: »

From a high level moral viewpoint you are absolutely right - however, my posting was looking for help to resolve the situation in an amicable way for all parties based on compromise. The landlord will not want the hassle of taking me to court to force me to pay the rent, and also defend counter-claims that i would submit based on the number of problems encountered at the property which prevented me moving in and entertaining over Christmas. This list of issues raised with the agent was around 20, varying from broken fixtures, heating not working in the living room, to items removed from the house that were in the particulars.

Anyway, I have put a proposal to the agent to I'll see where that takes me but not paying the rent is the most likely way to force the issue,and allows him to re-let the property. If this incurs additional cost leaving him out of pocket then I would be happy to include that in the closure agreement. Any other ideas most welcome.

The ONLY way to resolve is to HOPE the LL agrees to let you go early AND he manages to get someone quick. You are LEGALLY (AND MORALLY) liable to pay till the end of your contract otherwise.

And if you think the LL won't want the hassle of taking you to court I wonder if you'll want the hassle of trying to get your deposit back.

All in all you attitude appears to stink! You signed the contract, you agreed to the terms.

SouthCoast

How county court judgments affect your credit rating


http://www.adviceguide.org.uk/index/d_how_county_court_judgments_affect_your_credit_rating.pdf

CloudCuckooLand

Amberpunter wrote: »

Interesting that you have taken the high ground rather than trying to help.

Well that was a quick edit to remove the "you are a landlord" taunt.

I'm not actually. Tenant twice. Owner-occupier now.

Making people's obligations clear, so they avoid a black mark on their credit record, or difficulty in getting future accomodation because they can get no reference, is not the high ground.

If you think it is, that says more about you than it does about me.

Amberpunter

As usual, it is pointless posting anything on this site as certain people love to be judgemental rather than helpful. I KNOW THE BLEEDING LEGAL POSITION, and am trying to reach a solution that EVERYONE is happy with. It gives the Landlord the opportunity to find a new tenant ASAP, rather than waiting until the end of my tenancy. If he finds one immediately then he will earn double for the month so that is in his interest.

Other options, which I am surprised have not been suggested - no scrap that I am not surprised - is that I pay the agent to find the next tenant, thereby giving the landlord no hassle and a longer tenancy.

Not paying the rent is a last resort as I would challenge the state of the property. It is not acceptable to live in a house with no heating in the living room during the coldest December on record and entertain my father who is undergoing chemotherapy where one of the main side-effects is feeling the cold very badly (you can check that), it is also not acceptable to have fire alarms disconnected etc etc.

In terms of the CCJ - that is a bit of a non-issue. I would pay whatever the court demanded at the end of the hearing.

Gwhiz

Amberpunter wrote: »

As usual, it is pointless posting anything on this site as certain people love to be judgemental rather than helpful.

As usual, someone comes on here with a post that involves breaking a contract and then does not like the replies they get.

Are you one of the L'Oreal set who believe they are worth it and above the law?

Grow up!